Discussion Starter · #1 ·
Got a couple questions. First has anyone ever charged assault and battery(Comm. V. Jacobsen) (265 sec 13A I believe) in order to trigger warrantless arrest authority for 209A when there is no order in effect and the assault doesn't fit "abuse" under 209A but is domestic. Now correct me if I'm wrong but simple A&B is not arrestable unless it is in presence and amounts to breach of peace or unless it is a domestic A&B. Now how would you charge? Would the arrest be for A&B or 209A? Also lets say you get called to a domestic..."Bobby" beats up "Betty". When you arrive Bobby has left scene. Betty has obvious injuries. Betty gives you fake name of suspect. You know that it's really Bobby because Bobby and Betty have a past together. Now Betty won't sign statement saying Bobby did it and keeps giving false name. However you get a signed statement from friend of Betty's that says Betty told her Bobby did it. Do you have probable cause to arrest Bobby for 209A? I say yes but others say no. Looking for opinions.